Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

DIY Probate - is it feasible?

  • 28-04-2025 12:54PM
    #1
    Registered Users, Registered Users 2 Posts: 78
    ✭✭


    Hi all;

    I did a search (in so far is possible with the new setup here) and couldn't find anything directly related to my situation.

    Summary: Mother is in Hospice and we are counting down the clock.

    I'm the eldest of four (we all get on very well!) and my brother & I are Executors in her Will. All assets to be divided equally between the four siblings.

    The only assets she has are the family home (in her name) and a small amount in Credit Union savings with no outstanding debts.

    Is it a relatively straightforward process to do Probate ourselves & should it be done before or after sale of the house?

    I hope this doesn't come across the wrong way, but we are just looking to have our ducks lined up & make the process as easy as possible.



Welcome!

It looks like you're new here. Sign in or register to get started.

Comments

  • Registered Users, Registered Users 2 Posts: 4,232 tabby aspreme
    ✭✭✭


    https://services.courts.ie/taking-action/probate.

    Take a look at the courts service probate page



  • Registered Users, Registered Users 2 Posts: 78 Sid 1984
    ✭✭




  • Registered Users, Registered Users 2 Posts: 11,795 LambshankRedemption
    ✭✭✭✭


    Just been through this. My advice, get a solicitor. His or her fees are a small drop in the ocean and well worth it for something like this.

    Is it feasible? Well, yes, but like building your own house it's feasible if you know all the steps and what you need to do and in what order.



  • Registered Users, Registered Users 2 Posts: 3,035 endofrainbow
    ✭✭✭


    Are you even able to sell the house before probate?



  • Registered Users, Registered Users 2 Posts: 26,552 Mrs OBumble
    ✭✭✭✭


    Will depend on whether someone has the right POA.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,511 beachhead
    ✭✭✭


    The fee question would need to be discussed with the chosen solr or solrs-shop around.Leave it to a solr to decide how much he/she will charge is open invite to get stung



  • Registered Users, Registered Users 2 Posts: 1,329 tphase
    ✭✭✭


    Friend of mine did it himself after the solicitor jerked him around. It was similar to yourself, a house and some savings so a relatively simple job. However if you can find a decent solicitor, best to go with them. I'd ask for recommendations here



  • Registered Users, Registered Users 2 Posts: 477 Ted222
    ✭✭


    It’s entirely doable yourself, particularly given the simplicity of the estate.

    A slightly tricky administrative task that requires a bit of care but well worth the saving of thousands. You will however need a solicitor when the house itself is being sold but that’s completely separate from probate.

    You can proceed with the process of selling the house before probate is granted but you can’t complete the sale until after it’s granted.



  • Registered Users, Registered Users 2 Posts: 690 bureau2009
    ✭✭✭


    Are solicitors legally required to advise (in writing) of their charges and to further advise if there are any changes or additional costs?

    Also, if a will is held with solicitor X can the executors go to a different solicitor to process the will and seek probate?



  • Registered Users, Registered Users 2 Posts: 477 Ted222
    ✭✭


    They’re obliged to give you an estimate of the cost and advise you of any significant additional costs. In most cases, the cost is expressed as a percentage of the value of the estate which can be a bit of a rip off. The same work is involved regardless of the value of say a house in Dublin relative to one in the country.

    On the second question, there is absolutely no obligation to use the original solicitor for probate. If the will is uncomplicated you could do it yourself.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 27,519 Peregrinus
    ✭✭✭✭


    Is it a relatively straightforward process to do Probate ourselves & should it be done before or after sale of the house?

    Doing a probate application yourself is a pain, but it's doable. How painful depends on how comfortable you are with bureaucratic procedures, how much attention you pay to what the probate office staff tell you and how little attention you pay to what people in the pub tell you. Also on how neatly your mother has managed and documented her affairs.

    The house is in your mother's name. You can't sell it until you have obtained a grant of probate empowering you to administer her estate.

    (Mrs O'Bumble suggests above that you may be able to sell it if you have a valid power of attorney, granted by your mother, enabling you to manage her affairs. This is relevant only to a sale of the house while she is alive. Once she dies, any power of attorney she may have granted you will lapse.)



  • Registered Users, Registered Users 2 Posts: 3,150 Eggs For Dinner
    ✭✭✭


    I'd get a solicitor. As there are 4 of you to inherit, you should look on it as each of you will only have to bear a quarter of the cost from your share



  • Registered Users, Registered Users 2 Posts: 78 Sid 1984
    ✭✭


    Many thanks to you all for taking the the time & effort to reply.

    I'll sit down in the next couple of days and read through everything offered here, get it straight in my head what's involved & then go to the family & see what their take is.

    If I do go down the DIY route I'll post the experience on here for the benefit of anyone else who may be in similar position in the future.

    Again, many thanks



  • Registered Users, Registered Users 2 Posts: 280 phildub
    ✭✭


    I am sorry to hear about your mother and i hope i dont sound insensitive.

    If your mother is still alive and of sound mind, she would be able to transfer the property into your names now. It would make things a lot easier. However that may not be an option in this case.

    I would then start with reading court website and maybe calling the court office and aks how you start. Give it a try and if it becomes too difficult then instruct a solicitor. Depending on the amount in the credit union account you may not require a grant. Also, do you know if she has named anyone on her credit union account as a benefactor?



  • Registered Users, Registered Users 2 Posts: 23,983 Esel
    Not Your Ornery Onager
    ✭✭✭✭


    Would transferring the property now have tax implications, though?

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 280 phildub
    ✭✭


    No, its better for tax because each siblings gets €3,000 small gift exemption. But the threshold is €400000 per child so unless the assets come to 1,600,000 it should be fine. Any inheritance received from the father would come off the 400,000 first



  • Registered Users, Registered Users 2 Posts: 25,786 coylemj
    ✭✭✭✭


    +1 to all of the above. I did a DIY probate for an estate similar to the OP's mother - one property and some savings accounts.

    As poster Peregrinus said in post #12 above, it is a bit of a pain because there is a fair bit of legwork, both in terms of administration and physical legwork. You will have to visit the probate office to meet one of their officials and you will have to go to the Revenue office in Dublin Castle and an office of the courts on the north quays. That's assuming the OP's mother lives in Dublin.

    The big motivation for me doing it was because a solicitor 'friend' of the family offered to do it for an exhorbitant fee which (as was pointed out above) was based on a % of the value of the estate. Given that the property was in a prime location in south Dublin, I wasn't prepared to let the value of the property determine the fees so I did the probate myself and saved a substantial four figure sum.

    You or someone who helps you will need to be reasonably skilled in MS Word (or equivalent) because you will have to write letters to banks, credit unions, insurance companies, utilities etc. and you will need a few spreadsheets to keep track of the money. But be aware that whoever is proposed as the lead executor will have to go to the probate office alone to discuss the estate and the process of probate when they ask you to come in for a face to face with one of the officials.



  • Registered Users, Registered Users 2 Posts: 2,355 deandean
    ✭✭✭


    OP I have that situation coming up too, but hopefully several years away!

    I did some research on the topic a while back. I found online a detailed account from a lady who did a diy probate and it was really good. I don't have a link, but search and you should find it.

    I recall that there was lots of leg work involved. It's very do-able if you have the time and the patience.

    My motivation in diy probate is that I hate that most solicitors look at the value of the estate and charge a percentage thereof for probate. It's lucrative business for them with a decent-sized estate.



Welcome!

It looks like you're new here. Sign in or register to get started.
Advertisement